DNW's UE Diary

[Roger]

I notice your dealings with Barclays date back 2011 with a Default Notice dated 15/06/2011.
Did Barclays use MERCERS perchance in dealing with your Debt? If so was the Default Notice issued by MERCERS?

[Never-In-Doubt]

Thanks guys, I'll dig through my SAR paperwork for any pertinent docs and see how they compare to the originals.

I've got a couple of weeks until PRA expect to hear from me, so it gives me a little time to do some homework.

Maybe send a new CCA request but do it via PRA as it'll give more time while they return it / action it. If anything leave the cheque payee blank!

But if it was me, I'd not want them issuing based on an enforceable agreement! When did you last make any payment of any sort?

I'd not be sitting on it. PRA are quick to jump in with 2 feet remember.

[DNW]

Thanks guys, I'll dig through my SAR paperwork for any pertinent docs and see how they compare to the originals.

I've got a couple of weeks until PRA expect to hear from me, so it gives me a little time to do some homework.

[Never-In-Doubt]

Email sent and will await replies as and when

Hiya, keep me updated please! Obviously can't have PRA bullying you.

[Warwick65]

Hi
I have had a brief read back so may be wrong, please correct me if I am

You have been paying small payments for a while- did you carry on paying PRA?
Barclays defaulted you
You sent Barclays a CCA request and it came back but Niddy said enfirceable
The account was sold to PRA
You have had a letter of claim from PRA (was this from PRA or a firm of solicitors)

So right now it looks like you have a few options

1) Do Nothing- if you do it is highly likely that PRA will issue a claim
2) Send a CCA request to PRA (if the LOC came from solicitors send them a copy - this might slow things up and if they can't comply might stop everything
3) Respond to the letter of Claim by ticking box D (I dispute the claim) and ask for a copy of
The agreement
The default notice
The notice of assignment
The deed of assignment
A full statement of account showing how they arrived at the sum in he letter of claim
Also as in 2 above send a CCA request


Personally I think doing 1) is just silly and will all but guarantee you a claim which then has to be fought in the courts and that comes with no guarantees therefore I would be doing either 2 or 3. In my opinion you need to do everything you can to stay out of court (short of paying)

Who knows will PRA be able to get hold of the agreement - after RBS sold my enforceable agreements to Cabot , they were unable to provide copies of the agreements for some reason

I hope that helps.

[PlanB]

Barclays never really hassled me, so I kept paying them small payments as it seemed to keep them quiet at a time

Maybe there was a reason why Barclaycard didn't hassle you, perhaps something wrong with the account? I'm not raising your expectations but there's more to a debt being enforceable other than the credit agreement.

I can see that in February you got a response to your SAR to Barclaycard. Is the credit agreement in that SAR exactly the same as the one as they sent you in 2011 which Niddy said was enforceable?

Was it a recon or a signed application form etc?

Also is there any evidence of a Default Notice being issued or served in June 2011 in that SAR?

Di

[DNW]

Barclays never really hassled me, so I kept paying them small payments as it seemed to keep them quiet at a time when I was drowning in other more persistent creditors. So yes, low value payments rather than phantom ones.

Hindsight is a wonderful thing lol.

[The Tech Clerk]

Been paying £1.00 monthly buy any chance????? or another amount? or phantom payments they state you paid (when you have not)??

[PlanB]

Email sent and will await replies as and when

I can see you stopped the contractual payments in 2011 (and were defaulted) but then it says 'token payments' until 2020?

Di

[DNW]

Email sent and will await replies as and when

[PlanB]

*Update*

04/06/21 - Received from PRA - Letter before claim


Just posting the update - and Di I've dropped you an email

No surprises there!

Don't stress about the credit agreement being enforceable because that was sent to you by Barclaycard so PRA may not get their hands on the same document.

Email the first couple of pages of the Letter of Claim to jo@joannaconnollysolicitors.co.uk

Di

[DNW]

Re: DNW's UE Diary

Barclay Loan

Name - Barclays
Type of account - Loan
Date commenced - July 2009
Approx balance - £15,000
Date last paid - Mar-11 
Arrangement/not paying - Token Payment
Status - Default 
Account owner - DCA (CDCS)

Key:
Them
Me
Other


Activity

1. 05/04/2011 DD Cancelled letter received
2. 11/05/2011 Missed payment letter received
3. 04/06/2011 Two missed payments letter received
4. 15/06/2011 Default notice received from Barlcays
5. 15/06/2011 Refused to accept £1/month offer, debt to be passed to Recovery Dept.
6. 05/07/2011 Arrears notice
7. 23/07/2011 CDCS letter - account has now transferred to them and all comms to be directed to CDCS
8. 01/08/2011 My letter - no change in circumstances, don't phone, don't visit sent to CDCS
9. 17/08/2011 CCA Request sent
10. UPDATE 03/09/11 CCA received and sent to Niddy
11. 03/09/11
12. 10/12/11 - Arrears Notice received
13. 11/10/12 - Arrears Notice received
14. 08/03/13 - Arrears Notice received
15. 01/07/13 - Statement received
16. 12/08/13 - Arrears Notice received
17. 09/01/14 - Arrears Notice received
18. 07/06/14 - Arrears Notice received
19. 01/07/14 - Annual statement received
20. 08/08/14 - Please contact us to arrange further/higher payment (filed)
21. 11/08/14 - We made an error with your interest and are reducing the balance by £0.00
22. 2014-2019 - Only statements & arrears notices received
23. 20/11/19 - Statement received
24. 22/11/19 - We're going to transfer your account to PRA
25. 07/12/19 - NOA - Loan account sold to PRA Group (UK) Limited
26. 07/12/19 - Welcome to PRA Group, carry on making agreed payments but to us now instead of Barclays
27. 05/02/20 - Sent SAR to Barclays
28. 05/02/20 - Stopped token payments
29. 27/02/20 - Received SAR documents
30. 23/09/20 - Received from PRA - 30 days to contact them else they'll consider my account for 'next stage'.
31. 24/10/20 - Received from PRA - Letter before claim
32. 03/12/20 - Received from PRA - Statement of Account
33. 21/05/21 - Received from PRA Group - Notice of arrears
34. 04/06/21 - Received from PRA - Letter before claim

*Update*

04/06/21 - Received from PRA - Letter before claim


Just posting the update - and Di I've dropped you an email

[nightwatch]

Yes, just file it away, mine too is SB but they do like to keep in touch, who am I to stop them their little bit of enjoyment, expecting a payment on a SB & UE account.

[DNW]

Re: DNW's UE Diary

Egg 1

Name - Egg
Type of account - Credit Card
Date commenced - July 2002
Approx balance - £6,800
Date last paid - Mar-11 
Arrangement/not paying - No Payment
Status - In Arrears 
Account owner - Lender

Key:
Them
Me
Other

Activity

1. 07/04/11 DD Cancelled letter
2. 07/04/11 DD cancelled and payment reminder
3. 12/04/11 Accept £1 token payment and suspend interest and charges for temp period. Default in due course.
4. 26/04/11 DD reminder
5. 20/05/11 Card not to be renewed
6. 09/08/11 Card withdrawn and cancelled
7. 17/08/11 CCA Request sent
8. 27/08/11 CCA received - sent to Niddy via secure section
9. 31/08/11
10. 05/11/11 - Default Notice received. As you're continuing to make token payments, no further action to be taken at this time.
11. 01/04/12 - Ceased token payments.
12. 23/06/12 - Received from BC - Account details of where to make new payments to(filed - await further contact)
13. 05/02/14 - Received from Barclaycard - formal demand for payment and sorry we've been reporting inaccurate info to the CRA's.
14. 01/07/17 - Received from Barclaycard - we're transferring your account to Hoist Portfolio who have chosen Robinsonway to act for them. (Filed).
15. 14/08/17 - Received from Barclaycard - NOA to Hoist Portfolio. Robinson Way have been appointed to collect. (Filed)
16. 17/08/17 - Received from Hoist - NOA, Robinson Way have been appointed to collect. (Filed)
17. 17/08/17 - Received from Robinson - Please contact us to agree payment plan else we could refer your account to our solicitors to issue claim.
18. 31/08/17 - Received from RW - We want to help you pay off your debt, please contact us. (Filed).
19. 15/09/17 - Received from RW - 25% off your balance if you contact us. (Filed).
20. 04/10/17 - Received from RW - Pre-Legal Assessment. If you do not contact us by 06/10/17 we will be forced to assess your account for litigation.
21. 06/10/17 - Sent CCA request
22. 14/10/17 - Received from RW - Account on hold while we deal with CCA Request
23. 25/11/17 - Received from RW - Not yet heard back from OC - Account on hold while we wait.
24. 11/01/18 - Received from RW - Not yet heard back from OC - Account on hold while we wait.
25. 07/02/18 - Received from RW - here's your CCA, unable to provide varied T&C. You have 30 days to complete financial statement (response due by 03/03/18
26. 11/02/18 - Niddy suggested waiting it out and sending missing PTs template when they hassle.
27. 21/02/18 - Received from RW - We'd like to agree an affordable payment plan with you, get in touch and we'll help you to find the right solution. (No mention of the financial statement they'd asked to be completed by 03/03).
28. 19/03/18 - Received from RW - We'd like to agree an affordable payment plan with you, get in touch and we'll help you to find the right solution. (No mention of the financial statement they'd asked to be completed by 03/03).
29. 29/03/18 - Received from RW by email - It's important that you contact us so that we can help you manage your debt.
30. 03/04/18 - Received from RW by email - They're prepared to accept payments that fit my budget, and I won't even have to speak to them on the phone to arrange this.
31. 09/04/18 - Received from RW by email - They've tried to contact me but had no response. I should visit their website to take that first step to financial freedom.
32. 12/06/18 - Received from RW by email - Your account remains unpaid but we want to help you find a solution.
33. 20/06/18 - Received from RW by email - We need you to take action on your account
34. 27/06/18 - Received from RW - it's important for you to get in touch and agree a payment plan (filed)
35. 22/07/18 - Received from RW by email - It's important that you contact us
36. 05/08/18 - Received from RW by email - Doing nothing leaves you at risk of further collections activity.
37. 05/08/18 - Received from RW - We'd like to offer a 37% discount for you to settle your account
38. 12/08/18 - Received from RW by email - Visit our website to set up a payment plan
39. 22/08/18 - Received from RW - pay just 75% of your balance if you pay within 30 days
40. 19/09/18 - Received from Hoist Finance - Hoist Portfolio Holding has assigned all rights to Hoist Finance UK Holdings. Robinson Way will continue to service your account.
41. 16/01/19 - Received from RW by email - Visit our website to set up a payment plan
42. 24/01/19 - Received from RW by email - We need you to take action on your account
43. 25/01/19 - Received from RW by email - We need you to take action on your account
44. 12/03/19 - Received from RW by email - We need you to take action on your account
45. 19/03/19 - Received from RW by email - We need you to take action on your account
46. 2019-now - Still receiving emails but filing without reading
47. 13/09/19 - Received from RW - don't ignore us
48. 02/12/20 - Received from RW: take 83% discount and pay only £1200
49. 01/03/21 - Received from Hoist Finance UK - you may be eligible for a discount
50. 27/03/21 - Received from Hoist Finance UK - you are eligible for a discount

Update[*]27/03/21 - Received from Hoist Finance UK - you are eligible for a discount

I'll file this with the mountain of previous correspondence. I don't think I need to currently send a reply seeing as it's 9 years since I last acknowledged this account with anything other than a CCA request

[Joanna Connolly Solicitors]

Who knew they liked to tie us up in knots as to ownership of accounts!

Yes they do, just like a pretzel

Di